By Alesha Capone
BRIMBANK City Council has been forced to defend its decisions 57 times at VCAT appeals across the past 12 months.
During the past year, developers and other parties lodged 57 appeals at VCAT seeking reviews of council decisions.
The council’s general manager of city development Stephen Sully said 21 of the appeals were resolved through “mediation and agreement” but the council appeared at VCAT 36 times.
Planning permits were among the most hotly-contested council decisions.
“Of the 36 appeals where council appeared at a merits hearing, the most common reason was an appeal against council’s refusal to grant a planning permit,” Mr Sully said.
“The second most common reason was an appeal against council issuing a Notice of Decision to grant a planning permit.
“More than half of all appeals related to multi-unit residential development.”
Mr Sully said VCAT upheld 60 per cent of the council’s decisions during the past year, but overturned 40 per cent.
He said the council had spent “approximately $100,000” across the same time-frame on preparatory legal advice, expert evidence for use in appeals and representation at hearings.
“Without a detailed review of all accounts, it is difficult to readily isolate the cost of representation at appeals,” he said.
“A planning officer usually represents council at the tribunal. On some occasions where there is a legal matter, council may engage a lawyer to represent it at the tribunal.”
Mr Sully said the council had initiated planning enforcement action at VCAT on several occasions in the past year, mainly related to native vegetation removal.
During August, VCAT faced six appeals against Brimbank City Council decisions.
One focused on the council refusing an application to build three double-storey dwellings in Sunshine North, as the development did not fit in with the existing character of the neighbourhood, which the tribunal upheld.
But another VCAT decision gave the go-ahead for a 90-place childcare centre at a Derrimut industrial area, which the council initially refused.
